Framework Convention on Tobacco Control_FCTC English

8/7/2019 Framework Convention on Tobacco Control_FCTC English

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World Health Organization

Geneva, Switzerland

WHO FRAMEWORK CONVENTION

ON TOBACCO CONTROL

World Health Organization


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WHO Library Cataloguing-in-Publication Data

WHO Framework Convention on Tobacco Control.

1.Tobacco - supply and distribution 2.Tobacco industry - legislation 3.Tobacco

smoke pollution - prevention and control 4.Tobacco use cessation 5.Treaties

I.World Health Organization.

ISBN 92 4 159101 3 (LC/NLM classification: HD 9130.6)

World Health Organization 2003, updated reprint 2004, 2005

All rights reserved. Publications of the World Health Organization can be obtained from WHO

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The designations employed and the presentation of the material in this publication do not

imply the expression of any opinion whatsoever on the part of the World Health Organization

concerning the legal status of any country, territory, city or area or of its authorities, or

concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent

approximate border lines for which there may not yet be full agreement.

The mention of specific companies or of certain manufacturers products does not imply that

they are endorsed or recommended by the World Health Organization in preference to others

of a similar nature that are not mentioned. Errors and omissions excepted, the names ofproprietary products are distinguished by initial capital letters.

All reasonable precautions have been taken by the World Health Organization to verify the

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Organization be liable for damages arising from its use.

Printed by the WHO Document Production Services, Geneva, Switzerland.


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WHO Framework Convention on Tobacco Control

iii

Table of Contents

Foreword............................................................................................................................ v

WHO FCTC text ............................................................................................................... 1

Preamble.............................................................................................................................. 1

Part I: Introduction................................................................................................ 4

Article 1 Use of terms ................................................................................................. 4

Article 2 Relationship between this Convention and other agreements

and legal instruments ................................................................................... 5

Part II: Objective, guiding principles and general obligations .......................... 5

Article 3 Objective...................................................................................................... 5

Article 4 Guiding Principles ....................................................................................... 5

Article 5 General Obligations ..................................................................................... 7Part III: Measures relating to the reduction of demand

for tobacco .................................................................................................. 7

Article 6 Price and tax measures to reduce the demand for tobacco ......................... 7

Article 7 Non-price measures to reduce the demand for tobacco.............................. 8

Article 8 Protection from exposure to tobacco smoke ............................................... 8

Article 9 Regulation of the contents of tobacco products .......................................... 9

Article 10 Regulation of tobacco product disclosures ................................................. 9

Article 11 Packaging and labelling of tobacco products.............................................. 9

Article 12 Education, communication, training and public awareness...................... 10

Article 13 Tobacco advertising, promotion and sponsorship .................................... 11

Article 14 Demand reduction measures concerning tobacco dependenceand cessation.............................................................................................. 13

Part IV: Measures relating to the reduction of the supply of tobacco .............. 13

Article 15 Illicit trade in tobacco products .................................................................13

Article 16 Sales to and by minors............................................................................... 15

Article 17 Provision of support for economically viable

alternative activities................................................................................... 16

Part V: Protection of the environment................................................................ 16

Article 18 Protection of the environment and the health of persons.......................... 16

Part VI: Questions related to liability...................................................................17

Article 19 Liability...................................................................................................... 17

Part VII: Scientific and technical cooperation and communicationof information........................................................................................... 17

Article 20 Research, surveillance and exchange of information ...............................17

Article 21 Reporting and exchange of information.................................................... 19

Article 22 Cooperation in the scientific, technical and legal fields

and provision of related expertise ............................................................. 20

Part VIII: Institutional arrangements and financial resources ............................21

Article 23 Conference of the Parties...........................................................................21

Article 24 Secretariat .................................................................................................. 22


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Article 25 Relations between the Conference of the Parties and

intergovernmental organizations................................................................23Article 26 Financial resources.....................................................................................23

Part IX: Settlement of disputes ..............................................................................24

Article 27 Settlement of disputes ................................................................................24

Part X: Development of the convention...............................................................25

Article 28 Amendments to this Convention................................................................25

Article 29 Adoption and amendment of annexes to this Convention.........................26

Part XI: Final Provisions ........................................................................................26

Article 30 Reservations ...............................................................................................26

Article 31 Withdrawal .................................................................................................26

Article 32 Right to vote ...............................................................................................27

Article 33 Protocols .....................................................................................................27Article 34 Signature.....................................................................................................27

Article 35 Ratification, acceptance, approval, formal confirmation

or accession ................................................................................................28

Article 36 Entry into force...........................................................................................28

Article 37 Depositary...................................................................................................29

Article 38 Authentic texts............................................................................................29

Annex 1: WHA Resolution 56.1 WHO Framework Convention

on Tobacco Control ..................................................................................30

Annex 2: History of the WHO FCTC process .......................................................33


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v

FOREWORD

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the first treaty

negotiated under the auspices of the World Health Organization. The WHO FCTC is an

evidence-based treaty that reaffirms the right of all people to the highest standard of health.

The WHO FCTC represents a paradigm shift in developing a regulatory strategy to address

addictive substances; in contrast to previous drug control treaties, the WHO FCTC asserts the

importance of demand reduction strategies as well as supply issues.

The WHO FCTC was developed in response to the globalization of the tobacco epidemic.

The spread of the tobacco epidemic is facilitated through a variety of complex factors with

cross-border effects, including trade liberalization and direct foreign investment. Other factors

such as global marketing, transnational tobacco advertising, promotion and sponsorship, andthe international movement of contraband and counterfeit cigarettes have also contributed to

the explosive increase in tobacco use.

From the first preambular paragraph, which states that the Parties to this Convention

[are] determined to give priority to their right to protect public health, the WHO FCTC is a

global trend-setter.

The core demand reduction provisions in the WHO FCTC are contained in articles 6-14:

Price and tax measures to reduce the demand for tobacco, and Non-price measures to reduce the demand for tobacco, namely:

Protection from exposure to tobacco smoke; Regulation of the contents of tobacco products; Regulation of tobacco product disclosures; Packaging and labelling of tobacco products; Education, communication, training and public awareness; Tobacco advertising, promotion and sponsorship; and, Demand reduction measures concerning tobacco dependence and cessation.The core supply reduction provisions in the WHO FCTC are contained in articles 15-17:

Illicit trade in tobacco products; Sales to and by minors; and, Provision of support for economically viable alternative activities.

Another novel feature of the Convention is the inclusion of a provision that addresses

liability. Mechanisms for scientific and technical cooperation and exchange of information are

set out in Articles 20-22.


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The WHO FCTC opened for signature on 16 June to 22 June 2003 in Geneva, and

thereafter at the United Nations Headquarters in New York, the Depositary of the treaty, from30 June 2003 to 29 June 2004. The treaty, which is now closed for signature, has 168

Signatories, including the European Community, which makes it the most widely embraced

treaties in UN history. Member States that have signed the Convention indicate that they will

strive in good faith to ratify, accept, or approve it, and show political commitment not to

undermine the objectives set out in it. Countries wishing to become a Party, but that did not

sign the Convention by 29 June 2004, may do so by means of accession, which is a one-step

process equivalent to ratification.

The Convention entered into force on 27 February 2005 -- 90 days after it has been

acceded to, ratified, accepted, or approved by 40 States. Beginning on that date, the forty

Contracting Parties are legally bound by the treaty's provisions. For each State that ratifies,accepts or approves the Convention or accedes thereto after the conditions set out in paragraph

1 of Article 36 for entry into force have been fulfilled, the Convention shall enter into force on

the ninetieth day following the date of deposit of its instrument of ratification, acceptance,

approval or accession. For regional economic integration organizations, the Convention enters

into force on the ninetieth day following the date of deposit of its instrument of formal

confirmation or accession.

The global network developed over the period of the negotiations of the WHO FCTC will

be important in preparing for the implementation of the Convention at country level. In the

words of WHO's Director General, Dr Jong-wook LEE:

"The WHO FCTC negotiations have already unleashed a process that has

resulted in visible differences at country level. The success of the WHO FCTC

as a tool for public health will depend on the energy and political commitment

that we devote to implementing it in countries in the coming years. A

successful result will be global public health gains for all."

For this to materialize, the drive and commitment, which was so evident during the

negotiations, will need to spread to national and local levels so that the WHO FCTC becomes a

concrete reality where it counts most, in countries.


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Preamble

The Parties to this Convention,

Determinedto give priority to their right to protect public health,

Recognizing that the spread of the tobacco epidemic is a global problem with serious

consequences for public health that calls for the widest possible international cooperation and

the participation of all countries in an effective, appropriate and comprehensive international

response,

Reflecting the concern of the international community about the devastating worldwide

health, social, economic and environmental consequences of tobacco consumption and

exposure to tobacco smoke,

Seriously concernedabout the increase in the worldwide consumption and production

of cigarettes and other tobacco products, particularly in developing countries, as well as about

the burden this places on families, on the poor, and on national health systems,

Recognizing that scientific evidence has unequivocally established that tobacco

consumption and exposure to tobacco smoke cause death, disease and disability, and that there

is a time lag between the exposure to smoking and the other uses of tobacco products and the

onset of tobacco-related diseases,

Recognizing also that cigarettes and some other products containing tobacco are highly

engineered so as to create and maintain dependence, and that many of the compounds they

contain and the smoke they produce are pharmacologically active, toxic, mutagenic and

carcinogenic, and that tobacco dependence is separately classified as a disorder in major

international classifications of diseases,

Acknowledging that there is clear scientific evidence that prenatal exposure to tobacco

smoke causes adverse health and developmental conditions for children,

Deeply concerned about the escalation in smoking and other forms of tobacco

consumption by children and adolescents worldwide, particularly smoking at increasingly

early ages,

Alarmedby the increase in smoking and other forms of tobacco consumption by women

and young girls worldwide and keeping in mind the need for full participation of women at all

levels of policy-making and implementation and the need for gender-specific tobacco control

strategies,


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Deeply concerned about the high levels of smoking and other forms of tobacco

consumption by indigenous peoples,

Seriously concerned about the impact of all forms of advertising, promotion and

sponsorship aimed at encouraging the use of tobacco products,

Recognizing that cooperative action is necessary to eliminate all forms of illicit trade in

cigarettes and other tobacco products, including smuggling, illicit manufacturing and

counterfeiting,

Acknowledging that tobacco control at all levels and particularly in developing

countries and in countries with economies in transition requires sufficient financial and

technical resources commensurate with the current and projected need for tobacco controlactivities,

Recognizing the need to develop appropriate mechanisms to address the long-term

social and economic implications of successful tobacco demand reduction strategies,

Mindful of the social and economic difficulties that tobacco control programmes may

engender in the medium and long term in some developing countries and countries with

economies in transition, and recognizing their need for technical and financial assistance in the

context of nationally developed strategies for sustainable development,

Conscious of the valuable work being conducted by many States on tobacco control andcommending the leadership of the World Health Organization as well as the efforts of other

organizations and bodies of the United Nations system and other international and regional

intergovernmental organizations in developing measures on tobacco control,

Emphasizing the special contribution of nongovernmental organizations and other

members of civil society not affiliated with the tobacco industry, including health professional

bodies, womens, youth, environmental and consumer groups, and academic and health care

institutions, to tobacco control efforts nationally and internationally and the vital importance of

their participation in national and international tobacco control efforts,

Recognizing the need to be alert to any efforts by the tobacco industry to undermine or

subvert tobacco control efforts and the need to be informed of activities of the tobacco industry

that have a negative impact on tobacco control efforts,

Recalling Article 12 of the International Covenant on Economic, Social and Cultural

Rights, adopted by the United Nations General Assembly on 16 December 1966, which states

that it is the right of everyone to the enjoyment of the highest attainable standard of physical

and mental health,


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Recalling also the preamble to the Constitution of the World Health Organization,

which states that the enjoyment of the highest attainable standard of health is one of thefundamental rights of every human being without distinction of race, religion, political belief,

economic or social condition,

Determinedto promote measures of tobacco control based on current and relevant

scientific, technical and economic considerations,

Recalling that the Convention on the Elimination of All Forms of Discrimination

against Women, adopted by the United Nations General Assembly on 18 December 1979,

provides that States Parties to that Convention shall take appropriate measures to eliminate

discrimination against women in the field of health care,

Recalling furtherthat the Convention on the Rights of the Child, adopted by the United

Nations General Assembly on 20 November 1989, provides that States Parties to that

Convention recognize the right of the child to the enjoyment of the highest attainable standard

of health,

Have agreed, as follows:


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PART I: INTRODUCTION

Article 1

Use of terms

For the purposes of this Convention:

(a) illicit trade means any practice or conduct prohibited by law and which relates to

production, shipment, receipt, possession, distribution, sale or purchase including any practice

or conduct intended to facilitate such activity;

(b) regional economic integration organization means an organization that is composedof several sovereign states, and to which its Member States have transferred competence over a

range of matters, including the authority to make decisions binding on its Member States in

respect of those matters;1

(c) tobacco advertising and promotion means any form of commercial communication,

recommendation or action with the aim, effect or likely effect of promoting a tobacco product

or tobacco use either directly or indirectly;

(d) tobacco control means a range of supply, demand and harm reduction strategies that

aim to improve the health of a population by eliminating or reducing their consumption of

tobacco products and exposure to tobacco smoke;

(e) tobacco industry means tobacco manufacturers, wholesale distributors and importers

of tobacco products;

(f) tobacco products means products entirely or partly made of the leaf tobacco as raw

material which are manufactured to be used for smoking, sucking, chewing or snuffing;

(g) tobacco sponsorship means any form of contribution to any event, activity or

individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use

either directly or indirectly;

1 Where appropriate, national will refer equally to regional economic integration

organizations.


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Article 2

Relationship between this Convention and other agreements and legalinstruments

1. In order to better protect human health, Parties are encouraged to implement measures

beyond those required by this Convention and its protocols, and nothing in these instruments

shall prevent a Party from imposing stricter requirements that are consistent with their

provisions and are in accordance with international law.

2. The provisions of the Convention and its protocols shall in no way affect the right of

Parties to enter into bilateral or multilateral agreements, including regional or subregional

agreements, on issues relevant or additional to the Convention and its protocols, provided that

such agreements are compatible with their obligations under the Convention and its protocols.

The Parties concerned shall communicate such agreements to the Conference of the Parties

through the Secretariat.

PART II: OBJECTIVE, GUIDING PRINCIPLES AND GENERAL

OBLIGATIONS

Article 3

Objective

The objective of this Convention and its protocols is to protect present and future

generations from the devastating health, social, environmental and economic consequences of

tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco

control measures to be implemented by the Parties at the national, regional and international

levels in order to reduce continually and substantially the prevalence of tobacco use and

exposure to tobacco smoke.

Article 4

Guiding principles

To achieve the objective of this Convention and its protocols and to implement itsprovisions, the Parties shall be guided, inter alia, by the principles set out below:

1. Every person should be informed of the health consequences, addictive nature and

mortal threat posed by tobacco consumption and exposure to tobacco smoke and effective

legislative, executive, administrative or other measures should be contemplated at the

appropriate governmental level to protect all persons from exposure to tobacco smoke.


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2. Strong political commitment is necessary to develop and support, at the national,

regional and international levels, comprehensive multisectoral measures and coordinatedresponses, taking into consideration:

(a) the need to take measures to protect all persons from exposure to tobacco

smoke;

(b) the need to take measures to prevent the initiation, to promote and support

cessation, and to decrease the consumption of tobacco products in any form;

(c) the need to take measures to promote the participation of indigenous individuals

and communities in the development, implementation and evaluation of tobacco control

programmes that are socially and culturally appropriate to their needs and perspectives;and

(d) the need to take measures to address gender-specific risks when developing

tobacco control strategies.

3. International cooperation, particularly transfer of technology, knowledge and financial

assistance and provision of related expertise, to establish and implement effective tobacco

control programmes, taking into consideration local culture, as well as social, economic,

political and legal factors, is an important part of the Convention.

4. Comprehensive multisectoral measures and responses to reduce consumption of alltobacco products at the national, regional and international levels are essential so as to prevent,

in accordance with public health principles, the incidence of diseases, premature disability and

mortality due to tobacco consumption and exposure to tobacco smoke.

5. Issues relating to liability, as determined by each Party within its jurisdiction, are an

important part of comprehensive tobacco control.

6. The importance of technical and financial assistance to aid the economic transition of

tobacco growers and workers whose livelihoods are seriously affected as a consequence of

tobacco control programmes in developing country Parties, as well as Parties with economies

in transition, should be recognized and addressed in the context of nationally developed

strategies for sustainable development.

7. The participation of civil society is essential in achieving the objective of the

Convention and its protocols.


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Article 5

General obligations

1. Each Party shall develop, implement, periodically update and review comprehensive

multisectoral national tobacco control strategies, plans and programmes in accordance with

this Convention and the protocols to which it is a Party.

2. Towards this end, each Party shall, in accordance with its capabilities:

(a) establish or reinforce and finance a national coordinating mechanism or focal

points for tobacco control; and

(b) adopt and implement effective legislative, executive, administrative and/or other

measures and cooperate, as appropriate, with other Parties in developing appropriate

policies for preventing and reducing tobacco consumption, nicotine addiction and

exposure to tobacco smoke.

3. In setting and implementing their public health policies with respect to tobacco control,

Parties shall act to protect these policies from commercial and other vested interests of the

tobacco industry in accordance with national law.

4. The Parties shall cooperate in the formulation of proposed measures, procedures and

guidelines for the implementation of the Convention and the protocols to which they are

Parties.

5. The Parties shall cooperate, as appropriate, with competent international and regional

intergovernmental organizations and other bodies to achieve the objectives of the Convention

and the protocols to which they are Parties.

6. The Parties shall, within means and resources at their disposal, cooperate to raise

financial resources for effective implementation of the Convention through bilateral and

multilateral funding mechanisms.

PART III: MEASURES RELATING TO THE REDUCTIONOF DEMAND FOR TOBACCO

Article 6

Price and tax measures to reduce the demand for tobacco

1. The Parties recognize that price and tax measures are an effective and important means

of reducing tobacco consumption by various segments of the population, in particular young

persons.


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2. Without prejudice to the sovereign right of the Parties to determine and establish their

taxation policies, each Party should take account of its national health objectives concerningtobacco control and adopt or maintain, as appropriate, measures which may include:

(a) implementing tax policies and, where appropriate, price policies, on tobacco

products so as to contribute to the health objectives aimed at reducing tobacco

consumption; and

(b) prohibiting or restricting, as appropriate, sales to and/or importations by

international travellers of tax- and duty-free tobacco products.

3. The Parties shall provide rates of taxation for tobacco products and trends in tobacco

consumption in their periodic reports to the Conference of the Parties, in accordance withArticle 21.

Article 7

Non-price measures to reduce the demand for tobacco

The Parties recognize that comprehensive non-price measures are an effective and

important means of reducing tobacco consumption. Each Party shall adopt and implement

effective legislative, executive, administrative or other measures necessary to implement its

obligations pursuant to Articles 8 to 13 and shall cooperate, as appropriate, with each other

directly or through competent international bodies with a view to their implementation. The

Conference of the Parties shall propose appropriate guidelines for the implementation of the

provisions of these Articles.

Article 8

Protection from exposure to tobacco smoke

1. Parties recognize that scientific evidence has unequivocally established that

exposure to tobacco smoke causes death, disease and disability.

2. Each Party shall adopt and implement in areas of existing national jurisdiction as

determined by national law and actively promote at other jurisdictional levels the adoptionand implementation of effective legislative, executive, administrative and/or other

measures, providing for protection from exposure to tobacco smoke in indoor workplaces,

public transport, indoor public places and, as appropriate, other public places.


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Article 9

Regulation of the contents of tobacco products

The Conference of the Parties, in consultation with competent international bodies,

shall propose guidelines for testing and measuring the contents and emissions of tobacco

products, and for the regulation of these contents and emissions. Each Party shall, where

approved by competent national authorities, adopt and implement effective legislative,

executive and administrative or other measures for such testing and measuring, and for such

regulation.

Article 10

Regulation of tobacco product disclosures

Each Party shall, in accordance with its national law, adopt and implement effective

legislative, executive, administrative or other measures requiring manufacturers and importers

of tobacco products to disclose to governmental authorities information about the contents and

emissions of tobacco products. Each Party shall further adopt and implement effective

measures for public disclosure of information about the toxic constituents of the tobacco

products and the emissions that they may produce.

Article 11

Packaging and labelling of tobacco products

1. Each Party shall, within a period of three years after entry into force of this Convention

for that Party, adopt and implement, in accordance with its national law, effective measures to

ensure that:

(a) tobacco product packaging and labelling do not promote a tobacco product by

any means that are false, misleading, deceptive or likely to create an erroneous

impression about its characteristics, health effects, hazards or emissions, including any

term, descriptor, trademark, figurative or any other sign that directly or indirectly

creates the false impression that a particular tobacco product is less harmful than other

tobacco products. These may include terms such as low tar, light, ultra-light, or

mild; and

(b) each unit packet and package of tobacco products and any outside packaging

and labelling of such products also carry health warnings describing the harmful effects

of tobacco use, and may include other appropriate messages. These warnings and

messages:

(i) shall be approved by the competent national authority,


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(ii) shall be rotating,

(iii) shall be large, clear, visible and legible,

(iv) should be 50% or more of the principal display areas but shall be no less

than 30% of the principal display areas,

(v) may be in the form of or include pictures or pictograms.

2. Each unit packet and package of tobacco products and any outside packaging and

labelling of such products shall, in addition to the warnings specified in paragraph 1(b) of this

Article, contain information on relevant constituents and emissions of tobacco products as

defined by national authorities.

3. Each Party shall require that the warnings and other textual information specified in

paragraphs 1(b) and paragraph 2 of this Article will appear on each unit packet and package of

tobacco products and any outside packaging and labelling of such products in its principal

language or languages.

4. For the purposes of this Article, the term outside packaging and labelling in relation

to tobacco products applies to any packaging and labelling used in the retail sale of the

product.

Article 12

Education, communication, training and public awareness

Each Party shall promote and strengthen public awareness of tobacco control issues,

using all available communication tools, as appropriate. Towards this end, each Party shall

adopt and implement effective legislative, executive, administrative or other measures to

promote:

(a) broad access to effective and comprehensive educational and public awareness

programmes on the health risks including the addictive characteristics of tobacco

consumption and exposure to tobacco smoke;

(b) public awareness about the health risks of tobacco consumption and exposure to

tobacco smoke, and about the benefits of the cessation of tobacco use and tobacco-free

lifestyles as specified in Article 14.2;

(c) public access, in accordance with national law, to a wide range of information

on the tobacco industry as relevant to the objective of this Convention;


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(d) effective and appropriate training or sensitization and awareness programmes on

tobacco control addressed to persons such as health workers, community workers,social workers, media professionals, educators, decision-makers, administrators and

other concerned persons;

(e) awareness and participation of public and private agencies and nongovernmental

organizations not affiliated with the tobacco industry in developing and implementing

intersectoral programmes and strategies for tobacco control; and

(f) public awareness of and access to information regarding the adverse health,

economic, and environmental consequences of tobacco production and

consumption.

Article 13

Tobacco advertising, promotion and sponsorship

1. Parties recognize that a comprehensive ban on advertising, promotion and sponsorship

would reduce the consumption of tobacco products.

2. Each Party shall, in accordance with its constitution or constitutional principles,

undertake a comprehensive ban of all tobacco advertising, promotion and sponsorship. This

shall include, subject to the legal environment and technical means available to that Party, a

comprehensive ban on cross-border advertising, promotion and sponsorship originating from

its territory. In this respect, within the period of five years after entry into force of this

Convention for that Party, each Party shall undertake appropriate legislative, executive,

administrative and/or other measures and report accordingly in conformity with Article 21.

3. A Party that is not in a position to undertake a comprehensive ban due to its constitution

or constitutional principles shall apply restrictions on all tobacco advertising, promotion and

sponsorship. This shall include, subject to the legal environment and technical means

available to that Party, restrictions or a comprehensive ban on advertising, promotion and

sponsorship originating from its territory with cross-border effects. In this respect, each Party

shall undertake appropriate legislative, executive, administrative and/or other measures and

report accordingly in conformity with Article 21.

4. As a minimum, and in accordance with its constitution or constitutional principles, each

Party shall:

(a) prohibit all forms of tobacco advertising, promotion and sponsorship that

promote a tobacco product by any means that are false, misleading or deceptive or

likely to create an erroneous impression about its characteristics, health effects, hazards

or emissions;


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(b) require that health or other appropriate warnings or messages accompany all

tobacco advertising and, as appropriate, promotion and sponsorship;

(c) restrict the use of direct or indirect incentives that encourage the purchase of

tobacco products by the public;

(d) require, if it does not have a comprehensive ban, the disclosure to relevant

governmental authorities of expenditures by the tobacco industry on advertising,

promotion and sponsorship not yet prohibited. Those authorities may decide to make

those figures available, subject to national law, to the public and to the Conference of

the Parties, pursuant to Article 21;

(e) undertake a comprehensive ban or, in the case of a Party that is not in a positionto undertake a comprehensive ban due to its constitution or constitutional principles,

restrict tobacco advertising, promotion and sponsorship on radio, television, print

media and, as appropriate, other media, such as the internet, within a period of five

years; and

(f) prohibit, or in the case of a Party that is not in a position to prohibit due to its

constitution or constitutional principles restrict, tobacco sponsorship of international

events, activities and/or participants therein.

5. Parties are encouraged to implement measures beyond the obligations set out in

paragraph 4.

6. Parties shall cooperate in the development of technologies and other means necessary to

facilitate the elimination of cross-border advertising.

7. Parties which have a ban on certain forms of tobacco advertising, promotion and

sponsorship have the sovereign right to ban those forms of cross-border tobacco advertising,

promotion and sponsorship entering their territory and to impose equal penalties as those

applicable to domestic advertising, promotion and sponsorship originating from their territory

in accordance with their national law. This paragraph does not endorse or approve of any

particular penalty.

8. Parties shall consider the elaboration of a protocol setting out appropriate measures that

require international collaboration for a comprehensive ban on cross-border advertising,

promotion and sponsorship.


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Article 14

Demand reduction measures concerning tobacco dependence and cessation

1. Each Party shall develop and disseminate appropriate, comprehensive and integrated

guidelines based on scientific evidence and best practices, taking into account national

circumstances and priorities, and shall take effective measures to promote cessation of tobacco

use and adequate treatment for tobacco dependence.

2. Towards this end, each Party shall endeavour to:

(a) design and implement effective programmes aimed at promoting the cessation

of tobacco use, in such locations as educational institutions, health care facilities,

workplaces and sporting environments;

(b) include diagnosis and treatment of tobacco dependence and counselling services

on cessation of tobacco use in national health and education programmes, plans and

strategies, with the participation of health workers, community workers and social

workers as appropriate;

(c) establish in health care facilities and rehabilitation centres programmes for

diagnosing, counselling, preventing and treating tobacco dependence; and

(d) collaborate with other Parties to facilitate accessibility and affordability for

treatment of tobacco dependence including pharmaceutical products pursuant to

Article 22. Such products and their constituents may include medicines, products used

to administer medicines and diagnostics when appropriate.

PART IV: MEASURES RELATING TO THE REDUCTION

OF THE SUPPLY OF TOBACCO

Article 15

Illicit trade in tobacco products

1. The Parties recognize that the elimination of all forms of illicit trade in tobacco

products, including smuggling, illicit manufacturing and counterfeiting, and the

development and implementation of related national law, in addition to subregional,

regional and global agreements, are essential components of tobacco control.

2. Each Party shall adopt and implement effective legislative, executive, administrative or

other measures to ensure that all unit packets and packages of tobacco products and any

outside packaging of such products are marked to assist Parties in determining the origin of


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tobacco products, and in accordance with national law and relevant bilateral or multilateral

agreements, assist Parties in determining the point of diversion and monitor, document andcontrol the movement of tobacco products and their legal status. In addition, each Party shall:

(a) require that unit packets and packages of tobacco products for retail and

wholesale use that are sold on its domestic market carry the statement: Sales only

allowed in (insert name of the country, subnational, regional or federal unit) or carry

any other effective marking indicating the final destination or which would assist

authorities in determining whether the product is legally for sale on the domestic

market; and

(b) consider, as appropriate, developing a practical tracking and tracing regime that

would further secure the distribution system and assist in the investigation of illicittrade.

3. Each Party shall require that the packaging information or marking specified in

paragraph 2 of this Article shall be presented in legible form and/or appear in its principal

language or languages.

4. With a view to eliminating illicit trade in tobacco products, each Party shall:

(a) monitor and collect data on cross-border trade in tobacco products, including

illicit trade, and exchange information among customs, tax and other authorities, as

appropriate, and in accordance with national law and relevant applicable bilateral ormultilateral agreements;

(b) enact or strengthen legislation, with appropriate penalties and remedies, against

illicit trade in tobacco products, including counterfeit and contraband cigarettes;

(c) take appropriate steps to ensure that all confiscated manufacturing equipment,

counterfeit and contraband cigarettes and other tobacco products are destroyed, using

environmentally-friendly methods where feasible, or disposed of in accordance with

national law;

(d) adopt and implement measures to monitor, document and control the storage

and distribution of tobacco products held or moving under suspension of taxes or duties

within its jurisdiction; and

(e) adopt measures as appropriate to enable the confiscation of proceeds derived

from the illicit trade in tobacco products.


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5. Information collected pursuant to subparagraphs 4(a) and 4(d) of this Article shall, as

appropriate, be provided in aggregate form by the Parties in their periodic reports to theConference of the Parties, in accordance with Article 21.

6. The Parties shall, as appropriate and in accordance with national law, promote

cooperation between national agencies, as well as relevant regional and international

intergovernmental organizations as it relates to investigations, prosecutions and proceedings,

with a view to eliminating illicit trade in tobacco products. Special emphasis shall be placed on

cooperation at regional and subregional levels to combat illicit trade of tobacco products.

7. Each Party shall endeavour to adopt and implement further measures including

licensing, where appropriate, to control or regulate the production and distribution of tobacco

products in order to prevent illicit trade.

Article 16

Sales to and by minors

1. Each Party shalladopt and implement effective legislative, executive, administrative

or other measures at the appropriate government level to prohibit the sales of tobacco

products to persons under the age set by domestic law, national law or eighteen. These

measures may include:

(a) requiring that all sellers of tobacco products place a clear and prominent

indicator inside their point of sale about the prohibition of tobacco sales to minors and,

in case of doubt, request that each tobacco purchaser provide appropriate evidence of

having reached full legal age;

(b) banning the sale of tobacco products in any manner by which they are directly

accessible, such as store shelves;

(c) prohibiting the manufacture and sale of sweets, snacks, toys or any other objects

in the form of tobacco products which appeal to minors; and

(d) ensuring that tobacco vending machines under its jurisdiction are not accessibleto minors and do not promote the sale of tobacco products to minors.

2. Each Party shall prohibit or promote the prohibition of the distribution of free tobacco

products to the public and especially minors.

3. Each Party shall endeavour to prohibit the sale of cigarettes individually or in small

packets which increase the affordability of such products to minors.


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4. The Parties recognize that in order to increase their effectiveness, measures to prevent

tobacco product sales to minors should, where appropriate, be implemented in conjunctionwith other provisions contained in this Convention.

5. When signing, ratifying, accepting, approving or acceding to the Convention or at any

time thereafter, a Party may, by means of a binding written declaration, indicate its

commitment to prohibit the introduction of tobacco vending machines within its jurisdiction

or, as appropriate, to a total ban on tobacco vending machines. The declaration made pursuant

to this Article shall be circulated by the Depositary to all Parties to the Convention.

6. Each Party shall adopt and implement effective legislative, executive, administrative or

other measures, including penalties against sellers and distributors, in order to ensure

compliance with the obligations contained in paragraphs 1-5 of this Article.

7. Each Party should, as appropriate,adopt and implement effective legislative, executive,

administrative or other measures to prohibit the sales of tobacco products by persons under the

age set by domestic law, national law or eighteen.

Article 17

Provision of support for economically viable alternative activities

Parties shall, in cooperation with each other and with competent international and

regional intergovernmental organizations, promote, as appropriate, economically viable

alternatives for tobacco workers, growers and, as the case may be, individual sellers.

PART V: PROTECTION OF THE ENVIRONMENT

Article 18

Protection of the environment and the health of persons

In carrying out their obligations under this Convention, the Parties agree to have due

regard to the protection of the environment and the health of persons in relation to the

environment in respect of tobacco cultivation and manufacture within their respective

territories.


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PART VI: QUESTIONS RELATED TO LIABILITY

Article 19

Liability

1. For the purpose of tobacco control, the Parties shall consider taking legislative action or

promoting their existing laws, where necessary, to deal with criminal and civil liability,

including compensation where appropriate.

2. Parties shall cooperate with each other in exchanging information through the

Conference of the Parties in accordance with Article 21 including:

(a) information on the health effects of the consumption of tobacco products and

exposure to tobacco smoke in accordance with Article 20.3(a); and

(b) information on legislation and regulations in force as well as pertinent

jurisprudence.

3. The Parties shall, as appropriate and mutually agreed, within the limits of national

legislation, policies, legal practices and applicable existing treaty arrangements, afford one

another assistance in legal proceedings relating to civil and criminal liability consistent with

this Convention.

4. The Convention shall in no way affect or limit any rights of access of the Parties to each

others courts where such rights exist.

5. The Conference of the Parties may consider, if possible, at an early stage, taking

account of the work being done in relevant international fora, issues related to liability

including appropriate international approaches to these issues and appropriate means to

support, upon request, the Parties in their legislative and other activities in accordance with

this Article.

PART VII: SCIENTIFIC AND TECHNICAL COOPERATION AND

COMMUNICATION OF INFORMATION

Article 20

Research, surveillance and exchange of information

1. The Parties undertake to develop and promote national research and to coordinate

research programmes at the regional and international levels in the field of tobacco control.

Towards this end, each Party shall:


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(a) initiate and cooperate in, directly or through competent international and

regional intergovernmental organizations and other bodies, the conduct of research andscientific assessments, and in so doing promote and encourage research that addresses

the determinants and consequences of tobacco consumption and exposure to tobacco

smoke as well as research for identification of alternative crops; and

(b) promote and strengthen, with the support of competent international and

regional intergovernmental organizations and other bodies, training and support for all

those engaged in tobacco control activities, including research, implementation and

evaluation.

2. The Parties shall establish, as appropriate, programmes for national, regional and global

surveillance of the magnitude, patterns, determinants and consequences of tobaccoconsumption and exposure to tobacco smoke. Towards this end, the Parties should integrate

tobacco surveillance programmes into national, regional and global health surveillance

programmes so that data are comparable and can be analysed at the regional and international

levels, as appropriate.

3. Parties recognize the importance of financial and technical assistance from international

and regional intergovernmental organizations and other bodies. Each Party shall endeavour to:

(a) establish progressively a national system for the epidemiological surveillance of

tobacco consumption and related social, economic and health indicators;

(b) cooperate with competent international and regional intergovernmental

organizations and other bodies, including governmental and nongovernmental agencies,

in regional and global tobacco surveillance and exchange of information on the

indicators specified in paragraph 3(a) of this Article; and

(c) cooperate with the World Health Organization in the development of general

guidelines or procedures for defining the collection, analysis and dissemination of

tobacco-related surveillance data.

4. The Parties shall, subject to national law, promote and facilitate the exchange of

publicly available scientific, technical, socioeconomic, commercial and legal information, aswell as information regarding practices of the tobacco industry and the cultivation of tobacco,

which is relevant to this Convention, and in so doing shall take into account and address the

special needs of developing country Parties and Parties with economies in transition. Each

Party shall endeavour to:

(a) progressively establish and maintain an updated database of laws and

regulations on tobacco control and, as appropriate, information about their


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enforcement, as well as pertinent jurisprudence, and cooperate in the development of

programmes for regional and global tobacco control;

(b) progressively establish and maintain updated data from national surveillance

programmes in accordance with paragraph 3(a) of this Article; and

(c) cooperate with competent international organizations to progressively establish

and maintain a global system to regularly collect and disseminate information on

tobacco production, manufacture and the activities of the tobacco industry which have

an impact on the Convention or national tobacco control activities.

5. Parties should cooperate in regional and international intergovernmental organizations

and financial and development institutions of which they are members, to promote andencourage provision of technical and financial resources to the Secretariat to assist developing

country Parties and Parties with economies in transition to meet their commitments on

research, surveillance and exchange of information.

Article 21

Reporting and exchange of information

1. Each Party shall submit to the Conference of the Parties, through the Secretariat,

periodic reports on its implementation of this Convention, which should include the following:

(a) information on legislative, executive, administrative or other measures taken to

implement the Convention;

(b) information, as appropriate, on any constraints or barriers encountered in its

implementation of the Convention, and on the measures taken to overcome these

barriers;

(c) information, as appropriate, on financial and technical assistance provided or

received for tobacco control activities;

(d) information on surveillance and research as specified in Article 20; and

(e) information specified in Articles 6.3, 13.2, 13.3, 13.4(d), 15.5 and 19.2.

2. The frequency and format of such reports by all Parties shall be determined by the

Conference of the Parties. Each Party shall make its initial report within two years of the entry

into force of the Convention for that Party.


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3. The Conference of the Parties, pursuant to Articles 22 and 26, shall consider

arrangements to assist developing country Parties and Parties with economies in transition, attheir request, in meeting their obligations under this Article.

4. The reporting and exchange of information under the Convention shall be subject to

national law regarding confidentiality and privacy. The Parties shall protect, as mutually

agreed, any confidential information that is exchanged.

Article 22

Cooperation in the scientific, technical, and legal fields and provision of

related expertise

1. The Parties shall cooperate directly or through competent international bodies to

strengthen their capacity to fulfill the obligations arising from this Convention, taking into

account the needs of developing country Parties and Parties with economies in transition. Such

cooperation shall promote the transfer of technical, scientific and legal expertise and

technology, as mutually agreed, to establish and strengthen national tobacco control strategies,

plans and programmes aiming at, inter alia:

(a) facilitation of the development, transfer and acquisition of technology,

knowledge, skills, capacity and expertise related to tobacco control;

(b) provision of technical, scientific, legal and other expertise to establish andstrengthen national tobacco control strategies, plans and programmes, aiming at

implementation of the Convention through, inter alia:

(i) assisting, upon request, in the development of a strong legislative foundation

as well as technical programmes, including those on prevention of initiation,

promotion of cessation and protection from exposure to tobacco smoke;

(ii) assisting, as appropriate, tobacco workers in the development of appropriate

economically and legally viable alternative livelihoods in an economically

viable manner; and

(iii) assisting, as appropriate, tobacco growers in shifting agricultural production

to alternative crops in an economically viable manner;

(c) support for appropriate training or sensitization programmes for appropriate

personnel in accordance with Article 12;

(d) provision, as appropriate, of the necessary material, equipment and supplies, as

well as logistical support, for tobacco control strategies, plans and programmes;


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(e) identification of methods for tobacco control, including comprehensive

treatment of nicotine addiction; and

(f) promotion, as appropriate, of research to increase the affordability of

comprehensive treatment of nicotine addiction.

2. The Conference of the Parties shall promote and facilitate transfer of technical,

scientific and legal expertise and technology with the financial support secured in accordance

with Article 26.

PART VIII: INSTITUTIONAL ARRANGEMENTS AND

FINANCIAL RESOURCES

Article 23

Conference of the Parties

1. A Conference of the Parties is hereby established. The first session of the Conference

shall be convened by the World Health Organization not later than one year after the entry into

force of this Convention. The Conference will determine the venue and timing of subsequent

regular sessions at its first session.

2. Extraordinary sessions of the Conference of the Parties shall be held at such other timesas may be deemed necessary by the Conference, or at the written request of any Party,

provided that, within six months of the request being communicated to them by the Secretariat

of the Convention, it is supported by at least one-third of the Parties.

3. The Conference of the Parties shall adopt by consensus its Rules of Procedure at its first

session.

4. The Conference of the Parties shall by consensus adopt financial rules for itself as well

as governing the funding of any subsidiary bodies it may establish as well as financial

provisions governing the functioning of the Secretariat. At each ordinary session, it shall adopt

a budget for the financial period until the next ordinary session.

5. The Conference of the Parties shall keep under regular review the implementation of

the Convention and take the decisions necessary to promote its effective implementation and

may adopt protocols, annexes and amendments to the Convention, in accordance with Articles

28, 29 and 33. Towards this end, it shall:

(a) promote and facilitate the exchange of information pursuant to Articles 20 and

21;


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(b) promote and guide the development and periodic refinement of comparable

methodologies for research and the collection of data, in addition to those provided forin Article 20, relevant to the implementation of the Convention;

(c) promote, as appropriate, the development, implementation and evaluation of

strategies, plans, and programmes, as well as policies, legislation and other measures;

(d) consider reports submitted by the Parties in accordance with Article 21 and

adopt regular reports on the implementation of the Convention;

(e) promote and facilitate the mobilization of financial resources for the

implementation of the Convention in accordance with Article 26;

(f) establish such subsidiary bodies as are necessary to achieve the objective of the

Convention;

(g) request, where appropriate, the services and cooperation of, and information

provided by, competent and relevant organizations and bodies of the United Nations

system and other international and regional intergovernmental organizations and

nongovernmental organizations and bodies as a means of strengthening the

implementation of the Convention; and

(h) consider other action, as appropriate, for the achievement of the objective of the

Convention in the light of experience gained in its implementation.

6. The Conference of the Parties shall establish the criteria for the participation of

observers at its proceedings.

Article 24

Secretariat

1. The Conference of the Parties shall designate a permanent secretariat and make

arrangements for its functioning. The Conference of the Parties shall endeavour to do so at its

first session.

2. Until such time as a permanent secretariat is designated and established, secretariat

functions under this Convention shall be provided by the World Health Organization.

3. Secretariat functions shall be:

(a) to make arrangements for sessions of the Conference of the Parties and any

subsidiary bodies and to provide them with services as required;


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(b) to transmit reports received by it pursuant to the Convention;

(c) to provide support to the Parties, particularly developing country Parties and

Parties with economies in transition, on request, in the compilation and communication

of information required in accordance with the provisions of the Convention;

(d) to prepare reports on its activities under the Convention under the guidance of

the Conference of the Parties and submit them to the Conference of the Parties;

(e) to ensure, under the guidance of the Conference of the Parties, the necessary

coordination with the competent international and regional intergovernmental

organizations and other bodies;

(f) to enter, under the guidance of the Conference of the Parties, into such

administrative or contractual arrangements as may be required for the effective

discharge of its functions; and

(g) to perform other secretariat functions specified by the Convention and by any of

its protocols and such other functions as may be determined by the Conference of the

Parties.

Article 25

Relations between the Conference of the Parties and intergovernmental

organizations

In order to provide technical and financial cooperation for achieving the objective of

this Convention, the Conference of the Parties may request the cooperation of competent

international and regional intergovernmental organizations including financial and

development institutions.

Article 26

Financial resources

1. The Parties recognize the important role that financial resources play in achieving theobjective of this Convention.

2. Each Party shall provide financial support in respect of its national activities intended to

achieve the objective of the Convention, in accordance with its national plans, priorities and

programmes.

3. Parties shall promote, as appropriate, the utilization of bilateral, regional, subregional

and other multilateral channels to provide funding for the development and strengthening of


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multisectoral comprehensive tobacco control programmes of developing country Parties and

Parties with economies in transition. Accordingly, economically viable alternatives to tobaccoproduction, including crop diversification should be addressed and supported in the context of

nationally developed strategies of sustainable development.

4. Parties represented in relevant regional and international intergovernmental

organizations, and financial and development institutions shall encourage these entities to

provide financial assistance for developing country Parties and for Parties with economies in

transition to assist them in meeting their obligations under the Convention, without limiting the

rights of participation within these organizations.

5. The Parties agree that:

(a) to assist Parties in meeting their obligations under the Convention, all relevant

potential and existing resources, financial, technical, or otherwise, both public and

private that are available for tobacco control activities, should be mobilized and utilized

for the benefit of all Parties, especially developing countries and countries with

economies in transition;

(b) the Secretariat shall advise developing country Parties and Parties with

economies in transition, upon request, on available sources of funding to facilitate the

implementation of their obligations under the Convention;

(c) the Conference of the Parties in its first session shall review existing andpotential sources and mechanisms of assistance based on a study conducted by the

Secretariat and other relevant information, and consider their adequacy; and

(d) the results of this review shall be taken into account by the Conference of the

Parties in determining the necessity to enhance existing mechanisms or to establish a

voluntary global fund or other appropriate financial mechanisms to channel additional

financial resources, as needed, to developing country Parties and Parties with

economies in transition to assist them in meeting the objectives of the Convention.

PART IX: SETTLEMENT OF DISPUTES

Article 27

Settlement of disputes

1. In the event of a dispute between two or more Parties concerning the interpretation or

application of this Convention, the Parties concerned shall seek through diplomatic channels a

settlement of the dispute through negotiation or any other peaceful means of their own choice,

including good offices, mediation, or conciliation. Failure to reach agreement by good offices,


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mediation or conciliation shall not absolve parties to the dispute from the responsibility of

continuing to seek to resolve it.

2. When ratifying, accepting, approving, formally confirming or acceding to the

Convention, or at any time thereafter, a State or regional economic integration organization

may declare in writing to the Depositary that, for a dispute not resolved in accordance with

paragraph 1 of this Article, it accepts, as compulsory, ad hoc arbitration in accordance with

procedures to be adopted by consensus by the Conference of the Parties.

3. The provisions of this Article shall apply with respect to any protocol as between the

parties to the protocol, unless otherwise provided therein.

PART X: DEVELOPMENT OF THE CONVENTION

Article 28

Amendments to this Convention

1. Any Party may propose amendments to this Convention. Such amendments will be

considered by the Conference of the Parties.

2. Amendments to the Convention shall be adopted by the Conference of the Parties. The

text of any proposed amendment to the Convention shall be communicated to the Parties by

the Secretariat at least six months before the session at which it is proposed for adoption. TheSecretariat shall also communicate proposed amendments to the signatories of the Convention

and, for information, to the Depositary.

3. The Parties shall make every effort to reach agreement by consensus on any proposed

amendment to the Convention. If all efforts at consensus have been exhausted, and no

agreement reached, the amendment shall as a last resort be adopted by a three-quarters

majority vote of the Parties present and voting at the session. For purposes of this Article,

Parties present and voting means Parties present and casting an affirmative or negative vote.

Any adopted amendment shall be communicated by the Secretariat to the Depositary, who

shall circulate it to all Parties for acceptance.

4. Instruments of acceptance in respect of an amendment shall be deposited with the

Depositary. An amendment adopted in accordance with paragraph 3 of this Article shall enter

into force for those Parties having accepted it on the ninetieth day after the date of receipt by

the Depositary of an instrument of acceptance by at least two-thirds of the Parties to the

Convention.

5. The amendment shall enter into force for any other Party on the ninetieth day after the

date on which that Party deposits with the Depositary its instrument of acceptance of the said

amendment.


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Article 29

Adoption and amendment of annexes to this Convention

1. Annexes to this Convention and amendments thereto shall be proposed, adopted and

shall enter into force in accordance with the procedure set forth in Article 28.

2. Annexes to the Convention shall form an integral part thereof and, unless otherwise

expressly provided, a reference to the Convention constitutes at the same time a reference to

any annexes thereto.

3. Annexes shall be restricted to lists, forms and any other descriptive material relating to

procedural, scientific, technical or administrative matters.

PART XI: FINAL PROVISIONS

Article 30

Reservations

No reservations may be made to this Convention.

Article 31

Withdrawal

1. At any time after two years from the date on which this Convention has entered into

force for a Party, that Party may withdraw from the Convention by giving written notification

to the Depositary.

2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt

by the Depositary of the notification of withdrawal, or on such later date as may be specified in

the notification of withdrawal.

3. Any Party that withdraws from the Convention shall be considered as also having

withdrawn from any protocol to which it is a Party.


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Article 32

Right to vote

1. Each Party to this Convention shall have one vote, except as provided for in

paragraph 2 of this Article.

2. Regional economic integration organizations, in matters within their competence, shall

exercise their right to vote with a number of votes equal to the number of their Member States

that are Parties to the Convention. Such an organization shall not exercise its right to vote if

any of its Member States exercises its right, and vice versa.

Article 33

Protocols

1. Any Party may propose protocols. Such proposals will be considered by the Conference

of the Parties.

2. The Conference of the Parties may adopt protocols to this Convention. In adopting

these protocols every effort shall be made to reach consensus. If all efforts at consensus have

been exhausted, and no agreement reached, the protocol shall as a last resort be adopted by a

three-quarters majority vote of the Parties present and voting at the session. For the purposes

of this Article, Parties present and voting means Parties present and casting an affirmative or

negative vote.

3. The text of any proposed protocol shall be communicated to the Parties by the

Secretariat at least six months before the session at which it is proposed for adoption.

4. Only Parties to the Convention may be parties to a protocol.

5. Any protocol to the Convention shall be binding only on the parties to the protocol in

question. Only Parties to a protocol may take decisions on matters exclusively relating to the

protocol in question.

6. The requirements for entry into force of any protocol shall be established by thatinstrument.

Article 34

Signature

This Convention shall be open for signature by all Members of the World Health

Organization and by any States that are not Members of the World Health Organization but

are members of the United Nations and by regional economic integration organizations at


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the World Health Organization headquarters in Geneva from 16 June 2003 to 22 June

2003, and thereafter at United Nations Headquarters in New York, from 30 June 2003 to 29June 2004.

Article 35

Ratification, acceptance, approval, formal confirmation or accession

1. This Convention shall be subject to ratification, acceptance, approval or accession by

States and to formal confirmation or accession by regional economic integration organizations.

It shall be open for accession from the day after the date on which the Convention is closed for

signature. Instruments of ratification, acceptance, approval,formal confirmation or accession

shall be deposited with the Depositary.

2. Any regional economic integration organization which becomes a Party to the

Convention without any of its Member States being a Party shall be bound by all the

obligations under the Convention. In the case of those organizations, one or more of whose

Member States is a Party to the Convention, the organization and its Member States shall

decide on their respective responsibilities for the performance of their obligations under the

Convention. In such cases, the organization and the Member States shall not be entitled to

exercise rights under the Convention concurrently.

3. Regional economic integration organizations shall, in their instruments relating to

formal confirmation or in their instruments of accession, declare the extent of their competence

with respect to the matters governed by the Convention. These organizations shall also inform

the Depositary, who shall in turn inform the Parties, of any substantial modification in the

extent of their competence.

Article 36

Entry into force

1. This Convention shall enter into force on the ninetieth day following the date of deposit

of the fortieth instrument of ratification, acceptance, approval, formal confirmation or

accession with the Depositary.

2. For each State that ratifies, accepts or approves the Convention or accedes thereto after

the conditions set out in paragraph 1 of this Article for entry into force have been fulfilled, the

Convention shall enter into force on the ninetieth day following the date of deposit of its

instrument of ratification, acceptance, approval or accession.

3. For each regional economic integration organization depositing an instrument of formal

confirmation or an instrument of accession after the conditions set out in paragraph 1 of this

Article for entry into force have been fulfilled, the Convention shall enter into force on the


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ninetieth day following the date of its depositing of the instrument of formal confirmation or of

accession.

4. For the purposes of this Article, any instrument deposited by a regional economic

integration organization shall not be counted as additional to those deposited by States

Members of the organization.

Article 37

Depositary

The Secretary-General of the United Nations shall be the Depositary of this Convention

and amendments thereto and of protocols and annexes adopted in accordance with Articles 28,

29 and 33.

Article 38

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-

General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed

this Convention.

DONE at GENEVA this twenty-first day of May two thousand and three.


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Annex 1: WHA 56.1 WHO Framework Convention

on Tobacco Control

The Fifty-sixth World Health Assembly,

Recalling resolutions WHA49.17 and WHA52.18 calling for the development of a

WHO framework convention on tobacco control in accordance with Article 19 of the

Constitution of WHO;

Determined to protect present and future generations from tobacco consumption and

exposure to tobacco smoke;

Noting with profound concern the escalation in smoking and other forms of tobacco

use worldwide;

Acknowledging with appreciation the report of the Chair of the Intergovernmental

Negotiating Body on the outcome of the work of the Intergovernmental Negotiating Body;2

Convinced that this convention is a groundbreaking step in advancing national,

regional and international action and global cooperation to protect human health against the

devastating impact of tobacco consumption and exposure to tobacco smoke, and mindful

that special consideration should be given to the particular situation of developing countries

and countries with economies in transition;

Emphasizing the need for expeditious entry into force and effective implementation

of the convention,

1. ADOPTS the Convention attached to this resolution;

2. NOTES, in accordance with Article 34 of the Convention, that the Convention shall

be open for signature at WHO headquarters in Geneva, from 16 June 2003 to 22 June 2003,

and thereafter at United Nations Headquarters in New York, from 30 June 2003 to 29 June

2004;

3. CALLS UPON all States and regional economic integration organizations entitled

to do so, to consider signing, ratifying, accepting, approving, formally confirming or

acceding to the Convention at the earliest opportunity, with a view to bringing the

Convention into force as soon as possible;

2 Document A56/INF.DOC./7 Rev.1.


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4. URGES all States and regional economic integration organizations, pending entry

into force of the Convention, to take all appropriate measures to curb tobacco consumptionand exposure to tobacco smoke;

5. URGES all Member States, regional economic integration organizations, observers

and other interested parties to support the preparatory activities referred to in this resolution

and effectively to encourage prompt entry into force and implementation of the

Convention;

6. CALLS UPON the United Nations and invites other relevant international

organizations to continue to provide support for strengthening national and international

tobacco control programmes;

7. DECIDES to establish, in accordance with Rule 42 of the Rules of Procedure of the

World Health Assembly, an open-ended intergovernmental working group that shall be

open to all States and regional economic integration organizations referred to in Article 34

of the Convention in order to consider and prepare proposals on those issues identified in

the Convention for consideration and adoption, as appropriate, by the first session of the

Conference of the Parties; such issues should include:

(1) rules of procedure for the Conference of the Parties (Article 23.3), including

criteria for participation of observers at sessions of the Conference of the Parties

(Article 23.6);

(2) options for the designation of a permanent secretariat and arrangements for its

functioning (Article 24.1);

(3) financial rules for the Conference of the Parties and its subsidiary bodies, and

financial provisions governing the functioning of the secretariat (Article 23.4);

(4) a draft budget for the first financial period (Article 23.4);

(5) a review of existing and potential sources and mechanisms of assistance to

Parties in meeting their obligations under the Convention (Article 26.5);

8. FURTHER DECIDES that the Open-ended Intergovernmental Working Group shall

also oversee preparations for the first session of the Conference of the Parties and report

directly to it;

9. RESOLVES that decisions that had been taken by the Intergovernmental Negotiating

Body on the WHO framework convention on tobacco control concerning the participation of

nongovernmental organizations shall apply to the activities of the Open-ended

Intergovernmental Working Group;


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10. REQUESTS the Director-General:

(1) to provide secretariat functions under the Convention until such time as a

permanent secretariat is designated and established;

(2) to take appropriate steps to provide support to Member States, in particular

developing countries and countries with economies in transition, in preparation for

entry into force of the Convention;

(3) to convene, as frequently as necessary, between 16 June 2003 and the first

session of the Conference of the Parties, meetings of the Open-ended

Intergovernmental Working Group;

(4) to continue to ensure that WHO plays a key role in providing technical advice,

direction and support for global tobacco control;

(5) to keep the Health Assembly informed of progress made toward entry into

force of the Convention and of preparations under way for the first session of the

Conference of the Parties.


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Annex 2: History of the WHO FCTC process

The idea of an international instrument for tobacco was initiated with the adoption of

Resolution WHA 48.11 in May 1995, requesting the Director-General to report to the Forty-

ninth Session of the World Health Assembly on the feasibility of developing an international

instrument such as guidelines, a declaration, or an international convention on tobacco control.

As a result of Resolution WHA48.11, WHO was requested to draft a feasibility study

which was presented by the Director-General to the Ninety-seventh Session of the WHO

Executive Board (The Feasibility of an International Instrument for Tobacco Control (EB97/

INF.DOC.4)). During that same session, the Executive Boar

Documents

Framework Convention on Tobacco Control_FCTC English